Cyber bullying bill passes

Telling someone to ‘Go jump in the lake' is illegal after today – because as an incitement to suicide it is outlawed under The Harmful Digital Communications Bill.

Last night the bill passed its third and final reading 116 votes to five, with ACT's David Seymour and four Green MPs, Gareth Hughes, Russel Norman, Julie Anne Genter and Steffan Browning, the only ones to vote against it.

The Harmful Digital Communications Bill passed its third and final reading. Photo: File.

It introduces a range of measures to address damaging online communications and ensure perpetrators are held to account for their actions. And comes about after the Roastbusters case and recommendations made by the Law Commisision in 2012.

It aims to reduce harm and protect victims of cyber bullying and online harassment.

The bill introduces a new offence of inciting someone to attempt to commit suicide - even if they don't go through with it - that will be punishable by up to three years imprisonment.

The bill also amends existing laws to clarify that they apply to all communications, regardless of whether tormentors use online or offline means, and future-proofs existing laws against technological advances.

Anti-cyberbullying legislation comes into effect in Australia this week, while the New Zealand Government claims the version that went through its third reading last night, is better.

The Australian law came into effect on July 1. A Children's eSafety Commissioner will operate a complaints system backed by legislation to get harmful cyberbullying material targeted at an Australian child down quickly from large social media sites. Leading online safety expert Alastair MacGibbon is the first appointee to the new role.

Meanwhile in New Zealand the bill introduces a range of measures to address damaging electronic communications spread through methods such as emails, texts and social media posts, says Justice Minister Amy Adams.

The law changes will prevent and reduce the potentially devastating harm caused by cyberbullying and other modern forms of harassment and intimidation, she says.

'This bill tackles cyberbullying head on. Under existing laws, trying to remove abusive, intimidating and distressing material from the internet can be difficult, drawn out and costly, and there are few sanctions available to aid such efforts and to hold offenders to account.

'The measures we're bringing in will simplify the process for getting harmful communications off the internet quickly and effectively, while still respecting free speech rights.”

The New Zealand Bill establishes an Approved Agency to resolve complaints in a quick and efficient way, and gives the District Court the power to issue take-down notices and impose penalties.

It provide online content hosts with a Safe Harbour process for handling complaints. The bill also makes it an offence to send messages and post material online that deliberately causes serious emotional distress

With the Bill enacted, the new criminal offences and the Safe Harbour provision take immediate effect. Work will begin to select the Approved Agency.

'In recent years, we've seen a number of alarming incidents that have highlighted the need for legislation to deal with perpetrators who use the internet in ways that traumatise victims,” says Amy.

Youth Minister Nikki Kaye says one in five high school students in New Zealand have experienced some form of cyberbullying or harassment.

'I'm really pleased with the new law, which will improve our ability to deal with cyberbullying,” says Nikki.

'This can have a devastating impact on young people, leading to truancy, failure at school, depression, self-harm and suicide. The new law will help protect victims of cyberbullying, and also hold bullies to account.”

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2 comments

About time the law caught up

Posted on 01-07-2015 19:12 | By Steve Morris

Before the internet, anonymous letter writers would try and intimidate their victims through the mail or by creepy telephone call which are both offences. It shouldn't be any different in the 21st century for keyboard "heros" who use their electronic pseudonyms as an outlet for the same cowardly impulses through message boards; at least the authors these days are easy to trace and now prosecute.


Limited affect

Posted on 01-07-2015 20:35 | By Politically Incorrect

This is good, but when you consider that a lot of cyber bullying is done by children under the age of legal responsibility, the sentencing isn't relevant. How will youth offenders be punished under this system?


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